General Parking Charge Notice question

keepitlegal

APCOA have requested I as the registered keeper pay a PCN as the driver is unknown, the date of the alleged breach of conditions was 10/08/2016 the date of issue was 07/09/2016, as this is over 14 days I believe they cannot rely on POFA, what will happen if I,
1. Refuse to give the name of the driver, and
2. If I totally disregard this PCN and do not contact them at all?
Keepitlegal

beamerguy

keepitlegal wrote: »

APCOA have requested I as the registered keeper pay a PCN as the driver is unknown, the date of the alleged breach of conditions was 10/08/2016 the date of issue was 07/09/2016, as this is over 14 days I believe they cannot rely on POFA, what will happen if I,
1. Refuse to give the name of the driver, and
2. If I totally disregard this PCN and do not contact them at all?
Keepitlegal

ODD ..... well its correct they don't know who the driver is ?

We won't tell if you don't

Fruitcake

Do you know if there was a windscreen ticket? If not, the PCN has to arrive within 14 days starting the day after the alleged event.
If there was a windscreen ticket then the PCN has to arrive between 28 and 56 days, the day of the alleged event again being day zero.

You are not legally required to reveal the driver's name and address. If you don't reveal it, the parking company can only pursue the keeper, but must meet ALL the requirements of POFA 2012 in order to prevail.

The Sticky thread for NEWBIES explains the process. I don't know about APCOA, but many companies will take you to court if you ignore this.
They are BPA members so just send the BPA template in blue that you will find in the NEWBIES thread.

pappa_golf

Fruitcake wrote: »

Do you know if there was a windscreen ticket? If so, the PCN has to arrive within 14 days starting the day after the alleged event. NO THATS AN ANPR TICKET
If no windscreen ticket (ie ANPR used instead of boots on the ground) then the PCN has to arrive between 28 and 56 days, the day of the alleged event again being day zero. NO thats TICKET ON CAR

You are not legally required to reveal the driver's name and address. If you don't reveal it, the parking company can only pursue the keeper, but must meet ALL the requirements of POFA 2012 in order to prevail.

The Sticky thread for NEWBIES explains the process. I don't know about APCOA, but many companies will take you to court if you ignore this.
They are BPA members so just send the BPA template in blue that you will find in the NEWBIES thread.

nnnnnnnnnnnnnnnnnnnnnnnnnn

Fruitcake

pappa_golf wrote: »

nnnnnnnnnnnnnnnnnnnnnnnnnn

I think having just spent two hours in an MRI scanner it has scrambled my brain.

*Goes back for retraining.*

Coupon-mad

keepitlegal wrote: »

APCOA have requested I as the registered keeper pay a PCN as the driver is unknown, the date of the alleged breach of conditions was 10/08/2016 the date of issue was 07/09/2016, as this is over 14 days I believe they cannot rely on POFA, what will happen if I,
1. Refuse to give the name of the driver, and
2. If I totally disregard this PCN and do not contact them at all?

Nothing is likely to happen except demands from debt collectors but we cannot assume APCOA will never 'do a ParkingEye' and suddenly try small claims within six years. Never say never. If you'd asked us in 2012 about a ParkingEye PCN we'd have said 'they never sue' then in 2013 they lodged 30,000 small claims.

That's why we suggest an appeal as keeper, then POPLA. We never lose v APCOA at POPLA so what's not to like with that option - kills it stone dead this year.